THE NATIONAL TRANSPORTATION SAFETY BOARD IRECOMMENDNG TO STATES THAT THE CURRENT BLOOD ALCOHOL LIMIT BE LOWERED TO 0.05 UNDER 625 ILCS 5/11-501(a)

This won’t be a long article. I’m posting it to let you know that the National Traffic Safety Board (NTSB) is recommending to the states that the current blood alcohol limit be lowered from 0.08 to 0.05 under 625 ILCS 5/11-501 (a). That’s a 40% drop in breathalizer readings.

The NTSB can only recommend. It has no authority to demand a change. It seems they are trying to get to zero tolerance. With all the political pressure being put on state legislatures by special interest groups, it may pass.

My recommendation is to refuse to take the breatalizer test. Then the prosecution must show that you were impaired while driving. It’s much more difficult to show impairment than to have a breath reading of 0.08 or higher. The fact that you received a moving violation ticket is not proof of impairment. Hundreds of people a day receive moving violation tickets and not get cited for DUI.  So, that speeding ticket doesn’t necessarily mean you’re impaired.

I tell people all the time that if they’re stopped for a  DUI and there was no accident, they did not get out of the car falling down having peed in their pants, they have a shot at winning a DUI charge.

What about my license, you ask? Read my post Busted for DUI? Want to save your license?


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